Legal Opinion

In Re Franklin Mortgage & Investment Co.

District Court, District of Columbia

Decided July 28, 1992No. Bankruptcy 92-00015PublishedCited by 10 opinions

1Opinion of the Court

DECISION ON CREDITOR’S MOTION TO DISMISS AND DEBTOR’S MOTIONS TO VACATE FINAL JUDGMENT AND FOR SANCTIONS FOR VIOLATING THE AUTOMATIC STAY.

S. MARTIN TEEL, Jr., Bankruptcy Judge.

Under the court’s consideration are the motion of secured creditors Robert DeMar-io and Robert A. DeMario to dismiss the chapter 11 case filed by Franklin Mortgage & Investment Co., Inc. (“Franklin”) on the basis that the debtor’s petition was filed in bad faith, and the debtor’s motions (1) to vacate a final judgment of foreclosure entered by the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach…

2Cases cited24 opinions

  1. McComb v. Jacksonville Paper Co.Supreme Court of the United States · 1949
  2. Albany Partners, Ltd. v. Westbrook (In Re Albany Partners, Ltd.)Court of Appeals for the Eleventh Circuit · 1984
  3. In the Matter of Little Creek Development Company, Debtor. Little Creek Development Co. v. Commonwealth Mortgage Corp.Court of Appeals for the Fifth Circuit · 1986
  4. Securities & Exchange Commission v. United States Realty & Improvement Co.Supreme Court of the United States · 1940
  5. United States of America on Behalf of Its Agency Internal Revenue Service v. William H. Norton, Carrie W. Norton, F/k/a Carrie A. WoodwardCourt of Appeals for the Third Circuit · 1983

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3Cited by10 opinions

  1. Three Flint Hill Ltd. Partnership v. Prudential Insurance (In Re Three Flint Hill Ltd. Partnership)District Court, D. Maryland · 1997
  2. Life Insurance Co. of Virginia v. Barakat (In Re Barakat)United States Bankruptcy Court, C.D. California · 1994
  3. In Re Kellogg Square PartnershipUnited States Bankruptcy Court, D. Minnesota · 1993
  4. In Re AllenDistrict Court, District of Columbia · 2003
  5. Atlas MacHine & Iron Works, Inc. v. Bethlehem Steel Corp. (In Re Atlas MacHine & Iron Works, Inc.)United States Bankruptcy Court, E.D. Virginia · 1998

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